86R7243 TSS-D
By: Watson S.B. No. 488
A BILL TO BE ENTITLED
AN ACT
relating to required training regarding childhood trauma for judges
who hear cases involving certain children and requirements for a
juvenile's appearance in a judicial proceeding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 54, Family Code, is amended by adding
Sections 54.12 and 54.13 to read as follows:
Sec. 54.12. USE OF RESTRAINTS. (a) A mechanical or
physical restraint may not be used on a child during a judicial
proceeding and any restraint must be removed before the child's
appearance before the court unless the court finds that the use of a
mechanical or physical restraint is necessary:
(1) to prevent physical injury to the child or
another; or
(2) because the child presents a substantial risk of
flight from the courtroom.
(b) The court shall provide the child's attorney an
opportunity to be heard before the court may order the use of a
mechanical or physical restraint. If the use of a restraint is
ordered, the court shall make findings of fact in support of the
order.
(c) A mechanical or physical restraint used on a child
during a judicial proceeding must be the least restrictive
restraint available that is effective to prevent physical injury to
the child or another or to prevent the child's flight from the
courtroom.
(d) The court shall expedite any judicial proceeding during
which a child is restrained and give preference to the proceeding
over other matters.
Sec. 54.13. CLOTHING DURING JUDICIAL PROCEEDING. (a)
During a judicial proceeding, a court shall permit a child to wear
clothing other than a uniform provided by a detention or
correctional facility.
(b) If at the time of the judicial proceeding the child does
not have access to any clothing other than a uniform provided by a
detention or correctional facility, the court shall provide the
child with appropriate clothing.
SECTION 2. Section 22.011, Government Code, is amended to
read as follows:
Sec. 22.011. JUDICIAL TRAINING [INSTRUCTION] RELATED TO
FAMILY VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, CHILDHOOD
TRAUMA, AND CHILD ABUSE. (a) The supreme court shall provide
judicial training related to the problems of family violence,
sexual assault, trafficking of persons, childhood trauma, and child
abuse and to issues concerning sex offender characteristics.
(d) The instruction content must include information about:
(1) statutory and case law relating to videotaping a
child's testimony and relating to competency of children to
testify;
(2) methods for eliminating the trauma to the child
caused by the court process;
(3) case law, statutory law, and procedural rules
relating to family violence, sexual assault, trafficking of
persons, and child abuse;
(4) methods for providing protection for victims of
family violence, sexual assault, trafficking of persons, or child
abuse;
(5) available community and state resources for
counseling and other aid to victims and to offenders;
(6) gender bias in the judicial process;
(7) dynamics and effects of being a victim of family
violence, sexual assault, trafficking of persons, or child abuse;
[and]
(8) issues concerning sex offender characteristics;
and
(9) if the judge hears cases involving children in the
conservatorship of the Department of Family and Protective Services
or the juvenile justice system, issues related to childhood trauma
and adverse childhood experiences.
SECTION 3. The heading to Section 22.110, Government Code,
is amended to read as follows:
Sec. 22.110. JUDICIAL TRAINING [INSTRUCTION] RELATED TO
FAMILY VIOLENCE, SEXUAL ASSAULT, TRAFFICKING OF PERSONS, CHILDHOOD
TRAUMA, AND CHILD ABUSE AND NEGLECT.
SECTION 4. Sections 22.110(a), (b), and (d), Government
Code, are amended to read as follows:
(a) The court of criminal appeals shall assure that judicial
training related to the problems of family violence, sexual
assault, trafficking of persons, childhood trauma, and child abuse
and neglect is provided.
(b) The court of criminal appeals shall adopt the rules
necessary to accomplish the purposes of this section. The rules
must:
(1) require each district judge, judge of a statutory
county court, associate judge appointed under Chapter 54A of this
code or Chapter 201, Family Code, master, referee, and magistrate
to complete [at least 12 hours of the training] within the judge's
first term of office or the judicial officer's first four years of
service and provide [a method for] certification of completion of
at least 12 hours of [that] training that includes:
(A) at [. At] least four hours [of the training
must be] dedicated to issues related to trafficking of persons and
child abuse and neglect and covers [must cover] at least two of the
topics described in Subsections (d)(8)-(12);
(B) at [. At] least six hours [of the training
must be] dedicated to the training described by Subsections (d)(5),
(6), and (7); and
(C) if the judge hears cases involving children
in the conservatorship of the Department of Family and Protective
Services or the juvenile justice system, at least three hours
dedicated to the training described by Subsection (d)(13);
(2) [. The rules must] require each judge and judicial
officer to complete [an additional five hours of training] during
each additional term in office or four years of service an
additional five hours of training that includes:
(A) at [. At] least two hours [of the additional
training must be] dedicated to issues related to trafficking of
persons and child abuse and neglect; and
(B) if the judge hears cases involving children
in the conservatorship of the Department of Family and Protective
Services or the juvenile justice system, at least one hour
dedicated to the training described by Subsection (d)(13); and
(3) [. The rules must] exempt from the training
requirement of this subsection each judge or judicial officer who
files an affidavit stating that the judge or judicial officer does
not hear any cases involving family violence, sexual assault,
trafficking of persons, childhood trauma, or child abuse and
neglect.
(d) The instruction content must include information about:
(1) statutory and case law relating to videotaping a
child's testimony and relating to competency of children to
testify;
(2) methods for eliminating the trauma to the child
caused by the court process;
(3) case law, statutory law, and procedural rules
relating to family violence, sexual assault, trafficking of
persons, and child abuse and neglect;
(4) methods for providing protection for victims of
family violence, sexual assault, trafficking of persons, and child
abuse and neglect;
(5) available community and state resources for
counseling and other aid to victims and to offenders;
(6) gender bias in the judicial process;
(7) dynamics and effects of being a victim of family
violence, sexual assault, trafficking of persons, or child abuse
and neglect;
(8) dynamics of sexual abuse of children, including
child abuse accommodation syndrome and grooming;
(9) impact of substance abuse on an unborn child and on
a person's ability to care for a child;
(10) issues of attachment and bonding between children
and caregivers;
(11) issues of child development that pertain to
trafficking of persons and child abuse and neglect; [and]
(12) medical findings regarding physical abuse,
sexual abuse, trafficking of persons, and child abuse and neglect;
and
(13) issues related to childhood trauma and adverse
childhood experiences.
SECTION 5. (a) Not later than December 1, 2019, the Supreme
Court of Texas shall adopt the rules necessary to provide the
training required under Section 22.011, Government Code, as amended
by this Act.
(b) Not later than December 1, 2019, the Texas Court of
Criminal Appeals shall adopt the rules necessary to provide the
training required under Section 22.110, Government Code, as amended
by this Act.
(c) Notwithstanding Section 22.110, Government Code, as
amended by this Act, a judge, master, referee, and magistrate who is
in office on the effective date of this Act must complete the
training required by Section 22.110, Government Code, as amended by
this Act, as applicable, not later than December 1, 2021.
SECTION 6. This Act takes effect September 1, 2019.